IIA 

Calendar No. 88 

112TH CONGRESS 

1ST SESSION S. J. RES. 20 

[Report No. 112–27] 

Authorizing the limited use of the United States Armed Forces in support 

of the NATO mission in Libya. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21 (legislative day, JUNE 16), 2011 

Mr. KERRY (for himself, Mr. MCCAIN, Mr. LEVIN, Mr. KYL, Mr. DURBIN, 

Mrs. FEINSTEIN, Mr. GRAHAM, Mr. LIEBERMAN, Mr. BLUNT, Mr. 

CARDIN, Mr. KIRK, Mr. FRANKEN, and Mr. NELSON of Florida) introduced the following joint resolution; which was read twice and referred 

to the Committee on Foreign Relations 

JUNE 29, 2011 

Reported by Mr. KERRY, with amendments 

[Omit the part struck through and insert the part printed in italic] 

JOINT RESOLUTION 

Authorizing the limited use of the United States Armed 

Forces in support of the NATO mission in Libya. 

Whereas peaceful demonstrations that began in Libya, inspired by similar movements in Tunisia, Egypt, and elsewhere in the Middle East, quickly spread to cities around 


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the country, calling for greater political reform, opportunity, justice, and the rule of law. 

Whereas Muammar Qaddafi, his sons, and forces loyal to 

them responded to the peaceful demonstrations by authorizing and initiating violence against civilian non-combatants in Libya, including the use of airpower and foreign mercenaries; 

Whereas, on February 25, 2011, President Barack Obama 

imposed unilateral economic sanctions on, and froze the 

assets of, Muammar Qaddafi and his family, as well as 

the Government of Libya and its agencies to hold the 

Qaddafi regime accountable for its continued use of violence against unarmed civilians and its human rights 

abuses and to safeguard the assets of the people of 

Libya; 

Whereas, on February 26, 2011, the United Nations Security 

Council passed Resolution 1970, which mandates international economic sanctions and an arms embargo; 

Whereas, in response to Qaddafi’s assault on civilians in 

Libya, a ‘‘no-fly zone’’ in Libya was called for by the 

Gulf Cooperation Council on March 7, 2011; by the head 

of the Organization of the Islamic Conference on March 

8, 2011; and by the Arab League on March 12, 2011; 

Whereas Qaddafi’s advancing forces, after recapturing cities 

in eastern Libya that had been liberated by the Libyan 

opposition, were preparing to attack Benghazi, a city of 

700,000 people and the seat of the opposition government in Libya, the Interim Transitional National Council; 


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Whereas Qaddafi stated that he would show ‘‘no mercy’’ to 

his opponents in Benghazi, and that his forces would go 

‘‘door to door’’ to find and kill dissidents; 

Whereas, on March 17, 2011, the United Nations Security 

Council passed Resolution 1973, which mandates ‘‘all 

necessary measures’’ to protect civilians in Libya, implement a ‘‘no-fly zone’’, and enforce an arms embargo 

against the Qaddafi regime; 

Whereas President Obama notified key congressional leaders 

in a meeting at the White House on March 18, 2011, of 

his intent to begin targeted military operations in Libya 

and made clear that the United States ‘‘is not going to 

deploy ground troops into Libya’’; 

Whereas the United States Armed Forces, together with coalition partners, launched Operation Odyssey Dawn in 

Libya on March 19, 2011, to protect civilians in Libya 

from immediate danger and enforce an arms embargo 

and a ‘‘no-fly zone’’; 

Whereas, on March 28, 2011, President Obama stated, 

‘‘America has an important strategic interest in preventing Qaddafi from overrunning those who oppose him. 

A massacre would have driven thousands of additional 

refugees across Libya’s borders, putting enormous strains 

on the peaceful—yet fragile—transitions in Egypt and 

Tunisia. The democratic impulses that are dawning 

across the region would be eclipsed by the darkest form 

of dictatorship, as repressive leaders concluded that violence is the best strategy to cling to power . . . So while 

I will never minimize the costs involved in military action, 

I am convinced that a failure to act in Libya would have 

carried a far greater price for America.’’; 


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Whereas, on March 31, 2011, the United States transferred 

authority for Operation Odyssey Dawn in Libya to 

NATO command, with the mission continuing as Operation Unified Protector; 

Whereas, in a letter to joint bipartisan congressional leaders 

on May 20, 2011, President Obama expressed support 

for a Senate resolution on the use of force in Libya and 

stated that, ‘‘Since April 4, U.S. participation has consisted of: (1) non-kinetic support to the NATO-led operation, including intelligence, logistical support, and 

search and rescue assistance (2) aircraft that have assisted in the suppression and destruction of air defenses 

in support of the no-fly zone and (3) since April 23, precision strikes by unmanned aerial vehicles against a limited set of clearly defined targets in support of the 

NATO-led coalition’s efforts.’’; and 

Whereas, on June 9, 2011, Secretary of State Hillary Clinton 

recognized the Transitional National Council ‘‘as the legitimate interlocutor for the Libyan people during this interim period.’’: Now, therefore, be it 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

5 (1) the men and women of the United States 

6 Armed Forces and coalition partners who are en7 gaged in military operations to protect the people of 

8 Libya have demonstrated extraordinary bravery and 

9 should be commended; 


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1 (2) the United States Government should con2 tinue to support the aspirations of the people of 

3 Libya for political reform and self-government based 

4 on democratic and human rights; 

5 (3) the goal of United States policy in Libya, 

6 as stated by the President, is to achieve the depar7 ture from power of Muammar Qaddafi and his fam8 ily, including through the use of diplomatic and eco9 nomic pressure, so that a peaceful transition can 

10 begin to an inclusive government that ensures free11 dom, opportunity, and justice for the people of 

12 Libya; and 

13 (4) the funds of the Qaddafi regime that have 

14 been frozen by the United States should be returned 

15 to the people of Libya for their benefit, including hu16 manitarian and reconstruction assistance, and the 

17 President should explore the possibility with the 

18 Transitional National Council of using some of such 

19 funds to reimburse NATO countries for expenses in20 curred in Operation Odyssey Dawn and Operation 

21 Unified Protector; 

22 (3) the military goals of United States policy in 

23 Libya are to protect civilians and enforce the terms 

24 of United Nations Security Council Resolution 1973 

25 (2011), which require— 


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1 (A) that all attacks against civilians in 

2 Libya must stop; 

3 (B) that Muammar Qaddafi stop his troops 

4 from advancing on Benghazi, pull them back 

5 from Ajdabiya, Misrata, and Zawiya and other 

6 cities, and establish water, electricity, and gas 

7 supplies to all areas; and 

8 (C) that humanitarian assistance be al9 lowed to reach the people of Libya; 

10 (4) the political goals of United States policy are 

11 to achieve the departure from power of Muammar 

12 Qaddafi and his family, including through the use of 

13 diplomatic and economic pressure, so that a peaceful 

14 transition can begin to an inclusive government that 

15 ensures freedom, opportunity, and justice for the peo16 ple of Libya; 

17 (5) the funds of the Qaddafi regime that have 

18 been frozen by the United States should be used to re19 imburse the United States, as a NATO member, for 

20 expenses incurred in connection with Operation Odys21 sey Dawn and Operation Unified Protector, and for 

22 humanitarian and reconstruction assistance; and to 

23 ensure full payment of awards as issued by the For24 eign Claims Settlement Commission; and 


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1 (6) the costs associated with the reconstruction 

2 and stabilization of Libya following the conflict there 

3 should be borne primarily by the people of Libya and 

4 by the members of the League of Arab States, which 

5 requested military intervention in Libya. 

6 SEC. 2. AUTHORIZATION FOR THE LIMITED USE OF UNITED 

7 STATES ARMED FORCES IN LIBYA. 

8 (a) AUTHORITY.—The President is authorized to con9 tinue the limited use of the United States Armed Forces 

10 in Libya, in support of United States national security pol11 icy interests, as part of the NATO mission to enforce 

12 United Nations Security Council Resolution 1973 (2011) 

13 as requested by the Transitional National Council, the 

14 Gulf Cooperation Council, and the Arab League. 

15 (b) EXPIRATION OF AUTHORITY.—The authorization 

16 for such limited use of United States Armed Forces in 

17 Libya expires one year after the date of the enactment 

18 of this joint resolution expires on the date that NATO oper19 ations end or one year after the date of the enactment of 

20 this joint resolution, whichever comes first. 

21 (c) WAR POWERS RESOLUTION REQUIREMENTS.— 

22 (1) SPECIFIC STATUTORY AUTHORIZATION.— 

23 Consistent with section 8(a)(1) of the War Powers 

24 Resolution (50 U.S.C. 1547(a)(1)), Congress declares 

25 that this section is intended to constitute specific statVerDate Mar 15 2010 23:34 Jun 29, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\SJ20.RS SJ20

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1 utory authorization within the meaning of section 

2 5(b) of the War Powers Resolution (50 U.S.C. 

3 1544(b)). 

4 (2) APPLICABILITY OF OTHER REQUIREMENTS.— 

5 (A) RULE OF CONSTRUCTION.—Nothing in 

6 this joint resolution supersedes any requirement 

7 of the War Powers Resolution (50 U.S.C. 1541 et 

8 seq.). 

9 (B) ENGAGEMENT IN HOSTILITIES.—United 

10 States military operations in Libya since April 

11 4, 2011, which have included non-kinetic support 

12 to the NATO-led operations, including intel13 ligence, logistical support, and search and rescue 

14 assistance, United States aircraft assisting in the 

15 suppression and destruction of air defenses in 

16 support of the no-fly zone, and precision strikes 

17 by unmanned aerial vehicles, constitute hos18 tilities within the meaning of the War Powers 

19 Resolution, and may be carried out only under 

20 the conditions specified in section 5(b) of the 

21 War Powers Resolution (50 U.S.C. 1544(b)). 

22 (d) RESTRICTION.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), none of the funds appropriated under any 


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1 provision of law may be obligated or expended for the 

2 purpose of— 

3 (A) deploying units or members of the 

4 United States Armed Forces on the ground in 

5 Libya for the purposes of engaging in ground 

6 combat operations, or participating in stabiliza7 tion or international peacekeeping operations 

8 following the removal of Muammar Qaddafi 

9 from government and during the transition to a 

10 new government in Libya; 

11 (B) awarding a contract to a private secu12 rity contractor to conduct any activity on the 

13 ground in Libya; or 

14 (C) otherwise establishing or maintaining 

15 any presence of units or members of the United 

16 States Armed Forces or private security contrac17 tors on the ground in Libya. 

18 (2) EXCEPTION.—Notwithstanding paragraph 

19 (1), funds may be obligated or expended to take an 

20 action otherwise prohibited under such paragraph— 

21 (A) for the immediate personal defense of 

22 United States Government officials (including 

23 diplomatic representatives) or for rescuing mem24 bers of NATO forces from imminent danger; or 

25 (B) if, prior to such action— 


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1 (i) the President determines and cer2 tifies to Congress that the action is nec3 essary; and 

4 (ii) legislation is enacted specifically 

5 authorizing such action. 

6 SEC. 3. OPPOSITION TO THE USE OF UNITED STATES 

7 GROUND TROOPS. 

8 Consistent with the policy and statements of the 

9 President, Congress does not support deploying, estab10 lishing, or maintaining the presence of units and members 

11 of the United States Armed Forces on the ground in Libya 

12 unless the purpose of the presence is limited to the imme13 diate personal defense of United States Government offi14 cials (including diplomatic representatives) or to rescuing 

15 members of NATO forces from imminent danger. 

16 SEC. 4. REPORTS TO CONGRESS. 

17 The President shall consult frequently with Congress 

18 regarding United States efforts in Libya, including by pro19 viding regular briefings and reports as requested, and re20 sponding to inquiries promptly. Such briefings and reports 

21 shall be delivered to Congress not later than 15 days after 

22 the date of the enactment of this joint resolution, and every 

23 30 days thereafter, and shall include the following ele24 ments: 


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1 (1) An updated description of United States na2 tional security interests in Libya. 

3 (2) An updated statement of United States pol4 icy objectives in Libya, both during and after 

5 Qaddafi’s rule, and a detailed plan to achieve them. 

6 (3) An updated and comprehensive list of the 

7 activities of the United States Armed Forces in 

8 Libya. 

9 (4) An updated and detailed assessment of the 

10 groups in Libya that are opposed to the Qaddafi re11 gime, including potential successor governments. 

12 (5) A full and updated explanation of the Presi13 dent’s legal and constitutional rationale for con14 ducting military operations in Libya consistent with 

15 the War Powers Resolution (50 U.S.C. 1541 et 

16 seq.). 

17 SEC. 5. REPORT ON COSTS AND IMPACT OF MILITARY OPER18 ATIONS. 

19 (a) REPORT.—Not later than 15 days after the enact20 ment of this joint resolution and every 30 days thereafter, 

21 the President shall submit to the President of the Senate 

22 and the Speaker of the House of Representatives a report 

23 containing the following information: 

24 (1) The total cost incurred by the United States 

25 Government in connection with military operations 


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1 in Libya since their commencement on March 19, 

2 2011. 

3 (2) The total cost incurred by the United States 

4 Government in connection with military operations 

5 in Libya during the preceding 30 days. 

6 (3) The sources and amounts of any reimburse7 ments the United States has received from other coun8 tries for costs it has incurred in connection with mili9 tary operations in Libya since their commencement 

10 on March 19, 2011. 

11 (4) A list of United States Government direct 

12 spending programs whose budgetary resources will be 

13 reduced to pay for any unreimbursed costs associated 

14 with United States military operations in Libya 

15 since their commencement on March 19, 2011, and 

16 the amount by which the budgetary resources of each 

17 such program shall be reduced. 

18 (5) An assessment of the impact of United States 

19 military operations in Libya on the capacity and re20 sources of the United States military to carry out ef21 fective United States military operations against al 

22 Qaeda and the Taliban pursuant to the Authorization 

23 for Use of Military Force (Public Law 107–40; 50 

24 U.S.C. 1541 note), passed in the aftermath of the Sep25 tember 11, 2001, terrorist attacks. 


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1 (6) An assessment of the impact of military op2 erations in Libya conducted by NATO member coun3 tries on the capacity and resources of NATO member 

4 countries to participate effectively in other NATO op5 erations, including in Afghanistan. 

6 (b) SUNSET.—The requirement in subsection (a) shall 

7 terminate 30 days after the President notifies the President 

8 pro tempore of the Senate and the Speaker of the House 

9 of Representatives in writing that United States military 

10 operations in Libya have ended. 

11 SEC. 6. INVESTIGATION OF TERRORIST ATTACKS AGAINST 

12 THE UNITED STATES ATTRIBUTABLE TO THE 

13 GOVERNMENT OF MUAMMAR QADDAFI. 

14 (a) CONTINUING INVESTIGATION.—The President shall 

15 continue any investigative activities of any Federal agen16 cies with regard to the bombing of Pan Am flight 103 and 

17 any other terrorist attacks attributable to the government 

18 of Muammar Qaddafi against United States citizens, with 

19 the goal of determining the identities of the individuals re20 sponsible for the attacks and bringing such individuals to 

21 justice. 

22 (b) REPORT.— 

23 (1) IN GENERAL.—Not later than 180 days after 

24 the date of the enactment of this joint resolution, and 

25 annually thereafter, the President shall submit to 


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1 Congress a report on investigative activities described 

2 in subsection (a), including the following elements: 

3 (A) A description of efforts by the President 

4 to ascertain information through all available 

5 channels, including inquiries with members of 

6 the Transitional National Council and any suc7 cessor government in Libya, about the bombing 

8 of Pan Am flight 103 and other terrorist attacks 

9 attributable to the government of Muammar 

10 Qaddafi against United States citizens, with the 

11 goal of determining the identities of persons who 

12 have knowledge about such attacks or were in13 volved in the planning, execution, or cover-up of 

14 the attacks. 

15 (B) An assessment of the cooperation of the 

16 Transitional National Council and any successor 

17 government in Libya in ascertaining such infor18 mation and in facilitating access to necessary 

19 persons and documents related to the bombing of 

20 Pan Am flight 103 and other terrorist attacks at21 tributable to the government of Muammar 

22 Qaddafi against United States citizens. 

23 (2) FORM.—The report required under para24 graph (1) shall be unclassified, but may contain a 

25 classified annex. 


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1 (c) COOPERATION.— 

2 (1) IN GENERAL.—The President shall urge the 

3 Transitional National Council and any successor gov4 ernment of Libya to cooperate with and participate 

5 in the investigative activities described in subsection 

6 (a). 

7 (2) CONSIDERATION OF COOPERATION IN CER8 TAIN FUTURE DECISIONS.—The President shall con9 sider the cooperation by the Transitional National 

10 Council and any successor government of Libya with 

11 respect to the investigative activities described in sub12 section (a) when making decisions about the distribu13 tion of confiscated property and the provision of 

14 United States assistance to the successor government. 


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Calendar No. 88 

112TH CONGRESS 

1ST SESSION S. J. RES. 20 

[Report No. 112–27] 

JOINT RESOLUTION 

Authorizing the limited use of the United States 

in Libya. Armed Forces in support of the NATO mission 

JUNE 29, 2011 

Reported with amendments 


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